Universal Credit without Housing costs

dolmenman · October 10

I have a friend who has been migrated to UC from ESA about three weeks ago. He completed the online interviews and ID checks and has submitted his claim, with the exception of his housing costs. He hasn't been able to submit them, as of yet, as his landlord died unexpectedly and was intestate. He his contacted immediate members of the landlords family but they have told him it is all in the hands of Solicitors firm, as there is some dispute about inheritance of the landlords properties.

The solicitor says he doesn't have authorisation to write a letter detailing the rent amount and the rates or tenancy agreement, even though the family says they have contacted the solicitor. Meanwhile, he is getting reminders on his journal to upload his housing details, and his claim cannot proceed until he does. he was with the Citizens Advice Bureau this morning, but they want to wait until next week.

Is there anything he can do so as his claim can progress while providing his housing details at a later time? He is very anxious about the whole situation and fears he will be left destitute and homeless. Should he try to explain what I just have on his journal?

OverlyAnxious · October 11

Hi,

This is a very difficult situation and one that must happen very rarely, so it is difficult to advise.

Does your friend not already have a rental agreement or a letter showing rent increase from the past at all? Even if that does not show the current rate, I would hope it would allow the claim to progress. The only alternative I can think of is asking UC to remove housing costs from the claim completely for now until he is able to get confirmation of them.

I think he should definitely try to explain what's happening in the journal. Though I would limit his expectations, as the journal staff can't generally over-ride a computer system block like this one. If CAB are going to contact UC on his behalf next week, then maybe it is worth waiting an extra few days for them.

dolmenman · October 11

We are in Northern Ireland, and after extensive research, it depends on whether the solicitor has been issued with "Letters of Administration" from the NI Probate Office. The rules are guided by what is called:

Universal Credit Regulations (Northern Ireland) 2016, Reg. 58–61 — “Payment of housing costs”

There is no provision in the Guidance for the scenario which my friends situation presents. He has put a note on his journal regarding his situation and asking them to defer the Housing component of the UC until the succession of the estate is determined. He has no specific tenancy agreement or rent book and his rent was previously paid by the Northern Ireland Housing Executive, (although this was suspended when the landlord died). It seems to fall into a grey area, in law, and our only recourse seems to be to contact a charity called "Housing Rights Northern Ireland" as the CAB nor the solicitor don't seem to know the (non existent) legislation. I suppose he can't be evicted though, as no one seems to be in charge….what a mess!!

MadMilan2019 · October 11

You need to go to Google please your local town or city councils welfare rights service, and lical Citizen's Advice Bureau (CAB)

You could perhaps also email so Google Mind Legal Unit, asking your Q. Ask the latter if they can help others, not just you, who might be in the same difficult situation.

Dont give up.

Be strong and determined polite and courageous.

Purchase a copy of Child Poverty Actions

Welfare Rights and Tax Credits Handbook -

a benefits bible, there are two other such bibles, please re mind us folks of their titles, and publishers.

Buy Disability Rights Handbook by Disability Rights UK

dolmenman · November 6

Update: He has received his first UC statement and the Transitional Protection element is missing. The solicitor cannot give him the details of his housing costs as he hasn't received "Letters of Administration" (issued by the court when a landlord is intestate and there is a dispute among the beneficiaries.

Despite this, UC are putting daily URGENT reminders to upload his housing costs. I updated his journal with the exact Legal situation and he has taken advice from Hosing Rights NI, but UC have informed him the cannot pay his rent.

We have informed them that the TP part of his payment is missing but I'm wondering if this has been withheld as "His circumstances have changed" and are treating it like he's making a fresh claim…I've no idea what to do next as he apparently is still liable for the rent…what a mess!

OverlyAnxious · November 6

Hi,

It's not unusual for TP to be missing from the first payment. That might not have anything to do with the housing situation. Just have to wait for the UC response on this I think.

Universal Credit without Housing costs

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